• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Property Dispute

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

pendingdivorce

Junior Member
Pennsylvania

My wife and I are planning a divorce. We own a home under a contract for deed (the balloon has expired but the owners are friends of ours and have not asked for the final payment to date.) I have been making a majority of the payments on the home and still reside there. I cannot obtain independent financing at this time. My questions are as follows.

1. Can she decide she wants the home now and I be forced to move out?
2. Is she still legally obligated to make/contribute her part of the mortgage?
3. If I have to move out, will I still have to make the payments I am currently making while she lives in the home?
4. If she finds someone to help her qualify for a loan, can I be forced to move and therefore forgo all the equity I have invested with years of uneven payments?
5. What would my legal financial requirement be if the loan becomes due?

Thank you.
 


Ohiogal

Queen Bee
Pennsylvania

My wife and I are planning a divorce. We own a home under a contract for deed (the balloon has expired but the owners are friends of ours and have not asked for the final payment to date.) I have been making a majority of the payments on the home and still reside there. I cannot obtain independent financing at this time. My questions are as follows.

1. Can she decide she wants the home now and I be forced to move out?
2. Is she still legally obligated to make/contribute her part of the mortgage?
3. If I have to move out, will I still have to make the payments I am currently making while she lives in the home?
4. If she finds someone to help her qualify for a loan, can I be forced to move and therefore forgo all the equity I have invested with years of uneven payments?
5. What would my legal financial requirement be if the loan becomes due?

Thank you.
There are not enough details provided. She can move into the house again and a court can order you to move out. Legally by what regards? If she is on the mortage then yes she is responsible for the mortgage. However if she is NOT living in the home a court would most likely state you are responsible for the expenses. You could be forced to move and any equity in the home would be divided between you and her. And if you stay you would have to buy her out. If you cannot afford to buy her out then you will have to sell the house.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top